ARCHIVED — Vol. 146, No. 25 — December 5, 2012

Registration

SOR/2012-246 November 23, 2012

CANADA SHIPPING ACT, 2001

Regulations Amending the Administrative Monetary Penalties Regulations

P.C. 2012-1546 November 22, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(f) (see footnote a) and paragraphs 244(f) to (h) of the Canada Shipping Act, 2001 (see footnote b), hereby makes the annexed Regulations Amending the Administrative Monetary Penalties Regulations.

REGULATIONS AMENDING THE ADMINISTRATIVE MONETARY PENALTIES REGULATIONS

AMENDMENTS

1. The title of the Administrative Monetary Penalties Regulations (see footnote 1) is replaced by the following:

ADMINISTRATIVE MONETARY PENALTIES AND NOTICES (CSA 2001) REGULATIONS

2. Section 2 of the Regulations is replaced by the following:

2. (1) The contravention of a provision of the Act, or of a regulation made under the Act, set out in column 1 of a Part of the schedule is designated as a violation that may be proceeded with in accordance with sections 229 to 242 of the Act and by the issuance of a notice of violation.

(2) The range of penalties set out in column 2 of a Part of the schedule is the range of penalties in respect of a violation set out in column 1.

(3) If “X” is set out in column 3 of a Part of the schedule, a violation set out in column 1 constitutes a separate violation for each day on which it is continued.

3. (1) Paragraphs 3(3)( a ) and ( b ) of the English version of the Regulations are replaced by the following:

  • (a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the corporation or to the corporation’s agent or mandatary;

  • (b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent or mandatary; or

(2) Subparagraph 3(4)( d )(ii) of the English version of the Regulations is replaced by the following:

  • (ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent or mandatary, or

4. Section 4 of the Regulations and the heading before it are replaced by the following:

NOTICES

4. (1) This section applies in respect of the following notices:

  • (a) a notice of refusal to issue referred to in subsection 16(5) of the Act;

  • (b) a notice of proposed suspension or cancellation referred to in section 20.1 of the Act; and

  • (c) a notice of suspension, cancellation or refusal to renew referred to in section 20.3 of the Act.

(2) A notice may be given to an individual

  • (a) personally, by leaving a copy of it
    • (i) with the individual, or

    • (ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or
  • (b) by sending a copy of it by courier, fax or other electronic means to the last known address or usual place of residence of the individual.

(3) A notice may be given to a corporation by

  • (a) sending a copy of it by fax or courier to the head office or place of business of the corporation or to the corporation’s agent or mandatary;

  • (b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent or mandatary; or

  • (c) sending a copy of it by electronic means, other than fax, to an individual referred to in paragraph (b).

(4) A notice may be given to a vessel by

  • (a) delivering a copy of it personally to the master or any other person who is, or appears to be, in charge of the vessel;

  • (b) fixing a copy of it to a prominent part of the vessel;

  • (c) if the vessel’s authorized representative is an individual, sending a copy of it by fax or courier to the authorized representative; or

  • (d) if the vessel’s authorized representative is a corporation,
    • (i) sending a copy of it by fax or courier to the authorized representative’s head office or place of business,

    • (ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent or mandatary, or

    • (iii) sending a copy of it by electronic means, other than fax, to an individual referred to in subparagraph (ii).

5. The heading of the schedule to the Regulations is replaced by the following:

PART 1

VIOLATIONS OF THE CANADA SHIPPING ACT, 2001

6. The schedule to the Regulations is amended by adding the following after Part 1:

PART 2

VIOLATIONS OF THE CARGO, FUMIGATION AND TACKLE REGULATIONS

Item

Column 1


Provision of the Cargo, Fumigation and Tackle Regulations

Column 2


Range of Penalties ($)

Column 3

Separate Violation for Each Day

1.

Subsection 102(1)

250 to 5,000

 

2.

Subsection 102(2)

600 to 12,000

 

3.

Subsection 104(1)

600 to 12,000

 

4.

Subsection 104(2)

600 to 12,000

 

5.

Subsection 104(3)

600 to 12,000

 

6.

Subsection 105(1)

600 to 12,000

 

7.

Subsection 108(1)

600 to 12,000

 

8.

Subsection 108(2)

600 to 12,000

 

9.

Subsection 108(4)

250 to 5,000

 

10.

Subsection 108(5)

250 to 5,000

 

11.

Subsection 109(1)

3,000 to 12,000

 

12.

Subsection 109(2)

3,000 to 12,000

 

13.

Subsection 109(3)

3,000 to 12,000

 

14.

Subsection 109(4)

3,000 to 12,000

 

15.

Subsection 109(5)

3,000 to 12,000

 

16.

Subsection 109(7)

3,000 to 12,000

 

17.

Subsection 109(8)

3,000 to 12,000

 

18.

Subsection 110(1)

1,250 to 25,000

 

19.

Subsection 110(2)

6,000 to 25,000

 

20.

Subsection 110(3)

1,250 to 25,000

 

21.

Subsection 110(4)

1,250 to 25,000

 

22.

Subsection 111(1)

1,250 to 25,000

 

23.

Subsection 111(2)

1,250 to 25,000

 

24.

Subsection 111(3)

1,250 to 25,000

 

25.

Subsection 111(4)

1,250 to 25,000

 

26.

Paragraph 112(1)(a)

1,250 to 25,000

 

27.

Paragraph 112(1)(b)

1,250 to 25,000

 

28.

Subsection 112(2)

1,250 to 25,000

 

29.

Subsection 112(3)

1,250 to 25,000

 

30.

Subsection 112(4)

1,250 to 25,000

 

31.

Subsection 112(5)

1,250 to 25,000

 

32.

Subsection 112(6)

1,250 to 25,000

 

33.

Section 113

1,250 to 25,000

 

34.

Paragraph 114(1)(a)

1,250 to 25,000

 

35.

Paragraph 114(1)(b)

1,250 to 25,000

 

36.

Subsection 114(2)

1,250 to 25,000

 

37.

Subsection 114(4)

1,250 to 25,000

 

38.

Subsection 115(1)

600 to 12,000

 

39.

Subsection 115(2)

600 to 12,000

 

40.

Subsection 115(3)

250 to 5,000

 

41.

Subsection 115(4)

250 to 5,000

 

42.

Subsection 115(5)

250 to 5,000

 

43.

Subsection 115(6)

250 to 5,000

 

44.

Subsection 117(1)

1,250 to 25,000

 

45.

Section 118

1,250 to 25,000

 

46.

Subsection 119(2)

6,000 to 25,000

 

47.

Subsection 120(1)

6,000 to 25,000

 

48.

Subsection 123(1)

1,250 to 25,000

 

49.

Subsection 123(2)

600 to 12,000

 

50.

Subsection 126(1)

1,250 to 25,000

 

51.

Subsection 126(2)

1,000 to 5,000

 

52.

Subsection 126(4)

6,000 to 25,000

 

53.

Subsection 127(1)

1,250 to 25,000

 

54.

Subsection 127(2)

1,250 to 25,000

 

55.

Subsection 128(1)

6,000 to 25,000

 

56.

Subsection 129(1)

6,000 to 25,000

 

57.

Subsection 132(1)

600 to 12,000

 

58.

Subsection 132(2)

600 to 12,000

 

59.

Section 133

600 to 12,000

 

60.

Subsection 138(1)

600 to 12,000

 

61.

Subsection 138(2)

600 to 12,000

 

62.

Subsection 139(1)

600 to 12,000

 

63.

Subsection 139(2)

600 to 12,000

 

64.

Subsection 140(2)

1,000 to 5,000

 

65.

Subsection 141(1)

1,000 to 5,000

 

66.

Subsection 144(1)

1,250 to 25,000

 

67.

Subsection 144(2)

1,250 to 25,000

 

68.

Subsection 145(1)

1,250 to 25,000

 

69.

Subsection 145(2)

1,250 to 25,000

 

70.

Subsection 146(1)

1,250 to 25,000

 

71.

Subsection 146(2)

6,000 to 25,000

 

72.

Subsection 146(3)

1,250 to 25,000

 

73.

Subsection 148(3)

250 to 5,000

 

74.

Subsection 150(1)

1,250 to 25,000

 

75.

Subsection 150(2)

1,250 to 25,000

 

76.

Subsection 151(7)

1,250 to 25,000

 

77.

Subsection 151(8)

1,250 to 25,000

 

78.

Subsection 151(9)

1,250 to 25,000

 

79.

Subsection 151(10)

600 to 12,000

 

80.

Subsection 152(1)

600 to 12,000

 

81.

Section 153

600 to 12,000

 

82.

Subsection 154(1)

600 to 12,000

 

83.

Subsection 154(2)

600 to 12,000

 

84.

Subsection 154(3)

600 to 12,000

 

85.

Subsection 154(4)

600 to 12,000

 

86.

Subsection 155(1)

1,250 to 25,000

 

87.

Subsection 155(2)

1,250 to 25,000

 

88.

Subsection 156(1)

1,250 to 25,000

 

89.

Subsection 156(2)

600 to 12,000

 

90.

Subsection 156(3)

1,250 to 25,000

 

91.

Subsection 157(1)

6,000 to 25,000

 

92.

Subsection 159(1)

1,250 to 25,000

 

93.

Subsection 159(2)

250 to 5,000

 

94.

Subsection 160(1)

1,250 to 25,000

 

95.

Paragraph 161(1)(a)

1,250 to 25,000

 

96.

Paragraph 161(1)(b)

1,250 to 25,000

 

97.

Paragraph 161(1)(c)

600 to 12,000

 

98.

Paragraph 161(1)(d)

600 to 12,000

 

99.

Paragraph 161(1)(e)

600 to 12,000

 

100.

Paragraph 161(1)(f)

1,250 to 25,000

 

101.

Section 164

250 to 5,000

 

102.

Subsection 203(1)

600 to 12,000

 

103.

Subsection 203(2)

600 to 12,000

 

104.

Subsection 203(3)

600 to 12,000

 

105.

Subsection 203(4)

600 to 12,000

 

106.

Subsection 203(5)

600 to 12,000

 

107.

Subsection 203(6)

600 to 12,000

 

108.

Subsection 204(1)

600 to 12,000

 

109.

Subsection 204(2)

600 to 12,000

 

110.

Section 205

600 to 12,000

 

111.

Subsection 206(1)

250 to 5,000

 

112.

Subsection 206(2)

250 to 5,000

 

113.

Subsection 206(5)

600 to 12,000

 

114.

Subsection 207(1)

600 to 12,000

 

115.

Section 208

600 to 12,000

 

116.

Subsection 210(1)

600 to 12,000

 

117.

Paragraph 210(3)(a)

600 to 12,000

 

118.

Paragraph 210(3)(b)

600 to 12,000

 

119.

Paragraph 210(3)(c)

600 to 12,000

 

120.

Paragraph 210(3)(d)

600 to 12,000

 

121.

Paragraph 210(3)(e)

600 to 12,000

 

122.

Subsection 210(5)

250 to 5,000

 

123.

Paragraph 210(6)(b)

600 to 12,000

 

124.

Subsection 210(7)

600 to 12,000

 

125.

Subsection 211(3)

600 to 12,000

 

126.

Subsection 212(1)

600 to 12,000

 

127.

Subsection 212(2)

250 to 5,000

 

128.

Subsection 213(1)

600 to 12,000

 

129.

Subsection 213(3)

3,000 to 12,000

 

130.

Subsection 213(4)

250 to 5,000

 

131.

Section 214

600 to 12,000

 

132.

Section 216

600 to 12,000

 

133.

Subsection 217(1)

600 to 12,000

 

134.

Subsection 217(2)

600 to 12,000

 

135.

Subsection 217(3)

250 to 5,000

 

136.

Subsection 217(4)

600 to 12,000

 

137.

Subsection 218(1)

600 to 12,000

 

138.

Subsection 218(3)

600 to 12,000

 

139.

Subsection 219(1)

3,000 to 12,000

 

140.

Section 221

600 to 12,000

 

141.

Subsection 223(1)

600 to 12,000

 

142.

Subsection 223(2)

600 to 12,000

 

143.

Subsection 223(3)

3,000 to 12,000

 

144.

Section 224

600 to 12,000

 

145.

Section 225

600 to 10,000

 

146.

Subsection 226(1)

600 to 12,000

 

147.

Subsection 226(3)

600 to 12,000

 

148.

Subsection 226(4)

3,000 to 12,000

 

149.

Section 228

600 to 10,000

 

150.

Subsection 229(1)

250 to 5,000

 

151.

Subsection 230(1)

250 to 5,000

 

152.

Subsection 230(2)

250 to 5,000

 

153.

Subsection 231(1)

600 to 12,000

 

154.

Subsection 231(2)

600 to 12,000

 

155.

Subsection 231(3)

600 to 12,000

 

156.

Subsection 231(4)

600 to 12,000

 

157.

Subsection 231(6)

600 to 12,000

 

158.

Section 233

600 to 12,000

 

159.

Section 234

600 to 12,000

 

160.

Subsection 235(1)

600 to 12,000

 

161.

Subsection 235(2)

250 to 5,000

 

162.

Subsection 236(1)

600 to 12,000

 

163.

Subsection 236(2)

600 to 12,000

 

164.

Subsection 237(1)

600 to 12,000

 

165.

Subsection 237(2)

600 to 12,000

 

166.

Subsection 237(3)

600 to 12,000

 

167.

Section 239

600 to 12,000

 

168.

Subsection 240(1)

600 to 12,000

 

169.

Section 241

600 to 12,000

 

170.

 

Subsection 302(1)

  • (a) in the case of a requirement of section 316 or subsection 343(3)
  • (b) in the case of a requirement of section 311, subsection 312(7) or section 315 or 360
  • (c) in the case of any other requirement

 

  • 250 to 5,000


  • 600 to 10,000


  • 1,250 to 25,000
 

171.

 

Subsection 302(2)

  • (a) in the case of a requirement of section 316 or subsection 343(3)
  • (b) in the case of a requirement of section 311, subsection 312(7) or section 315 or 360
  • (c) in the case of any other requirement

 

  • 250 to 5,000


  • 600 to 10,000

  • 1,250 to 25,000
 

172.

Paragraph 302(3)(a)

600 to 12,000

 

173.

Paragraph 302(3)(b)

600 to 12,000

 

174.

Subsection 302(4)

  • (a) in the case of a requirement of section 316 or subsection 343(3)
  • (b) in the case of a requirement of section 311, subsection 312(7) or section 315 or 360
  • (c) in the case of any other requirement

 

  • 250 to 5,000


  • 600 to 10,000


  • 1,250 to 25,000
 

175.

Subparagraph 339(a)(i)

600 to 12,000

 

176.

Subparagraph 339(a)(ii)

600 to 12,000

 

177.

Paragraph 339(b)

600 to 12,000

 

178.

Paragraph 339(c)

600 to 12,000

 

179.

Subsection 343(4)

600 to 12,000

 

180.

Paragraph 344(a)

600 to 12,000

 

181.

Paragraph 344(b)

600 to 12,000

 

182.

Subsection 360(1)

600 to 10,000

 

183.

Subsection 360(2)

600 to 10,000

 

184.

Subsection 363(1)

600 to 12,000

 

185.

Subsection 363(2)

600 to 12,000

 

186.

Paragraph 364(1)(a)

3,000 to 12,000

 

187.

Paragraph 364(1)(b)

3,000 to 12,000

 

188.

Subsection 365(1)

600 to 10,000

 

189.

Subsection 365(2)

600 to 10,000

 

PART 3

VIOLATIONS OF THE COLLISION REGULATIONS

Item

Column 1

Provision of the Collision Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day

1.

Section 4 and subsection 5(1)

600 to 3,000

 

2.

Section 4 and subsection 5(2)

250 to 1,000

 

3.

Section 4 and subsection 5(3)

250 to 1,000

 

4.

Section 4 and subsection 6(1)

600 to 3,000

 

5.

Section 4 and Rule 5 of Schedule 1

6,000 to 25,000

 

6.

Section 4 and Rule 6 of Schedule 1

6,000 to 25,000

 

7.

Section 4 and Rule 6(c) of Schedule 1

6,000 to 25,000

 

8.

Section 4 and Rule 9(b) of Schedule 1

600 to 12,000

 

9.

Section 4 and Rule 9(c) of Schedule 1

600 to 12,000

 

10.

Section 4 and Rule 9(d) of Schedule 1

600 to 12,000

 

11.

Section 4 and Rule 9(e)(i) of Schedule 1

600 to 12,000

 

12.

Section 4 and Rule 9(f) of Schedule 1

600 to 12,000

 

13.

Section 4 and Rule 9(h) of Schedule 1

600 to 12,000

 

14.

Section 4 and Rule 9(i) of Schedule 1

600 to 12,000

 

15.

Section 4 and Rule 9(j) of Schedule 1

600 to 12,000

 

16.

Section 4 and Rule 9(k)(i) of Schedule 1

600 to 12,000

 

17.

Section 4 and Rule 9(k)(ii) of Schedule 1

600 to 12,000

 

18.

Section 4 and Rule 9(k)(iii) of Schedule 1

600 to 12,000

 

19.

Section 4 and Rule 10(b) of Schedule 1

600 to 12,000

 

20.

Section 4 and Rule 10(d)(i) of Schedule 1

250 to 5,000

 

21.

Section 4 and Rule 10(i) of Schedule 1

600 to 12,000

 

22.

Section 4 and Rule 10(j) of Schedule 1

600 to 12,000

 

23.

Section 4 and Rule 10(n) of Schedule 1

600 to 12,000

 

24.

Section 4 and Rule 10(o) of Schedule 1

600 to 12,000

 

25.

Section 4 and Rule 12(a) of Schedule 1

600 to 12,000

 

26.

Section 4 and Rule 13(a) of Schedule 1

600 to 12,000

 

27.

Section 4 and Rule 14(a) of Schedule 1

600 to 12,000

 

28.

Section 4 and Rule 15(a) of Schedule 1

600 to 12,000

 

29.

Section 4 and Rule 15(b) of Schedule 1

600 to 12,000

 

30.

Section 4 and Rule 17(a)(i) of Schedule 1

600 to 12,000

 

31.

Section 4 and Rule 18(a) of Schedule 1

600 to 12,000

 

32.

Section 4 and Rule 18(b) of Schedule 1

600 to 12,000

 

33.

Section 4 and Rule 18(c) of Schedule 1

600 to 12,000

 

34.

Section 4 and Rule 18(d)(i) of Schedule 1

600 to 12,000

 

35.

Section 4 and Rule 18(e) of Schedule 1

600 to 12,000

 

36.

Section 4 and Rule 18(f)(i) of Schedule 1

600 to 12,000

 

37.

Section 4 and Rule 18(f)(ii) of Schedule 1

600 to 12,000

 

38.

Section 4 and Rule 19(b) of Schedule 1

600 to 12,000

 

39.

Section 4 and Rule 19(e) of Schedule 1

600 to 12,000

 

40.

Section 4 and Rule 20(b) of Schedule 1

600 to 12,000

 

41.

Section 4 and Rule 20(c) of Schedule 1

600 to 12,000

 

42.

Section 4 and Rule 20(d) of Schedule 1

600 to 12,000

 

43.

Section 4 and Rule 20(e) of Schedule 1

600 to 12,000

 

44.

Section 4 and Rule 22 of Schedule 1

600 to 12,000

 

45.

Section 4 and Rule 23(a) of Schedule 1

600 to 12,000

 

46.

Section 4 and Rule 23(b) of Schedule 1

600 to 12,000

 

47.

Section 4 and Rule 23(c) of Schedule 1

600 to 12,000

 

48.

Section 4 and Rule 24(a) of Schedule 1

600 to 12,000

 

49.

Section 4 and Rule 24(b) of Schedule 1

600 to 12,000

 

50.

Section 4 and Rule 24(c) of Schedule 1

600 to 12,000

 

51.

Section 4 and Rule 24(d) of Schedule 1

600 to 12,000

 

52.

Section 4 and Rule 24(e) of Schedule 1

600 to 12,000

 

53.

Section 4 and Rule 24(g) of Schedule 1

600 to 12,000

 

54.

Section 4 and Rule 24(i) of Schedule 1

600 to 12,000

 

55.

Section 4 and Rule 24(j)(ii) of Schedule 1

600 to 12,000

 

56.

Section 4 and Rule 24(k) of Schedule 1

600 to 12,000

 

57.

Section 4 and Rule 24(l) of Schedule 1

600 to 12,000

 

58.

Section 4 and Rule 24(m) of Schedule 1

600 to 12,000

 

59.

Section 4 and Rule 25(a) of Schedule 1

600 to 12,000

 

60.

Section 4 and Rule 25(c) of Schedule 1

600 to 12,000

 

61.

Section 4 and Rule 25(d)(ii) of Schedule 1

600 to 12,000

 

62.

Section 4 and Rule 25(e) of Schedule 1

600 to 12,000

 

63.

Section 4 and Rule 26(a) of Schedule 1

600 to 12,000

 

64.

Section 4 and Rule 26(b) of Schedule 1

600 to 12,000

 

65.

Section 4 and Rule 26(c) of Schedule 1

600 to 12,000

 

66.

Section 4 and Rule 26(d) of Schedule 1

600 to 12,000

 

67.

Section 4 and Rule 26(e) of Schedule 1

250 to 5,000

 

68.

Section 4 and Rule 27(a) of Schedule 1

600 to 12,000

 

69.

Section 4 and Rule 27(b) of Schedule 1

600 to 12,000

 

70.

Section 4 and Rule 27(c) of Schedule 1

600 to 12,000

 

71.

Section 4 and Rule 27(d) of Schedule 1

600 to 12,000

 

72.

Section 4 and Rule 27(e)(i) of Schedule 1

600 to 12,000

 

73.

Section 4 and Rule 27(e)(ii) of Schedule 1

600 to 12,000

 

74.

Section 4 and Rule 27(f) of Schedule 1

600 to 12,000

 

75.

Section 4 and Rule 28(b) of Schedule 1

600 to 12,000

 

76.

Section 4 and Rule 29(a) of Schedule 1

600 to 12,000

 

77.

Section 4 and Rule 30(a) of Schedule 1

600 to 12,000

 

78.

Section 4 and Rule 30(c) of Schedule 1

600 to 12,000

 

79.

Section 4 and Rule 30(d) of Schedule 1

600 to 12,000

 

80.

Section 4 and Rule 33(a) of Schedule 1

600 to 12,000

 

81.

Section 4 and Rule 34(a) of Schedule 1

600 to 12,000

 

82.

Section 4 and Rule 34(d) of Schedule 1

600 to 12,000

 

83.

Section 4 and Rule 34(f) of Schedule 1

250 to 5,000

 

84.

Section 4 and Rule 34(g)(i) of Schedule 1

600 to 12,000

 

85.

Section 4 and Rule 34(g)(ii) of Schedule 1

600 to 12,000

 

86.

Section 4 and Rule 34(k) of Schedule 1

600 to 12,000

 

87.

Section 4 and Rule 35(a) of Schedule 1

600 to 12,000

 

88.

Section 4 and Rule 35(b) of Schedule 1

600 to 12,000

 

89.

Section 4 and Rule 35(c) of Schedule 1

600 to 12,000

 

90.

Section 4 and Rule 35(d) of Schedule 1

600 to 12,000

 

91.

Section 4 and Rule 35(e) of Schedule 1

600 to 12,000

 

92.

Section 4 and Rule 35(f) of Schedule 1

600 to 12,000

 

93.

Section 4 and Rule 35(g) of Schedule 1

600 to 12,000

 

94.

Section 4 and Rule 35(h) of Schedule 1

600 to 12,000

 

95.

Section 4 and Rule 36 of Schedule 1

250 to 5,000

 

96.

Section 4 and Rule 37 of Schedule 1

600 to 12,000

 

97.

Section 4 and Rule 39(a) of Schedule 1

250 to 5,000

 

98.

Section 4 and Rule 39(b) of Schedule 1

250 to 5,000

 

99.

Section 4 and Rule 41(a) of Schedule 1

600 to 12,000

 

100.

Section 4 and Rule 42(a) of Schedule 1

250 to 5,000

 

101.

Section 4 and Rule 42(c) of Schedule 1

600 to 12,000

 

102.

Section 4 and Rule 42(d) of Schedule 1

600 to 12,000

 

103.

Section 4 and Rule 42(e) of Schedule 1

600 to 12,000

 

104.

Section 4 and Rule 42(f) of Schedule 1

600 to 12,000

 

105.

Section 4 and Rule 42(i) of Schedule 1

600 to 12,000

 

106.

Section 4 and Rule 43(c) of Schedule 1

600 to 12,000

 

107.

Section 4 and Rule 44(a) of Schedule 1

250 to 5,000

 

108.

Section 4 and Rule 44(b) of Schedule 1

250 to 5,000

 

109.

Section 4 and Rule 44(c) of Schedule 1

250 to 5,000

 

110.

Section 4 and Rule 44(d) of Schedule 1

250 to 5,000

 

111.

Section 4 and Rule 44(e) of Schedule 1

250 to 5,000

 

112.

Section 4 and Rule 46(c) of Schedule 1

600 to 12,000

 

113.

Section 4 and Rule 46(f) of Schedule 1

600 to 12,000

 

114.

Section 4 and Rule 46(h) of Schedule 1

600 to 12,000

 

115.

Section 7

6,000 to 25,000

 

PART 4

VIOLATIONS OF THE LOAD LINE REGULATIONS

Item

Column 1

Provision of the Load Line Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day

1.

Subsection 4(1)

6,000 to 25,000

 

2.

Subsection 4(2)

6,000 to 25,000

 

3.

Subsection 4(3)

6,000 to 25,000

 

4.

Subsection 6(1)

1,250 to 25,000

 

5.

Subsection 6(2)

1,250 to 25,000

 

6.

Section 11

250 to 5,000

 

7.

Section 12

600 to 12,000

 

8.

Section 16

6,000 to 25,000

 

9.

Section 18

1,250 to 25,000

 

10.

Section 20

250 to 5,000

 

PART 5

VIOLATIONS OF THE MARINE PERSONNEL REGULATIONS

Item

Column 1

Provision of the Marine Personnel Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day

1.

Section 201

6,000 to 25,000

 

2.

Subsection 202(1)

6,000 to 25,000

 

3.

Subsection 202(5)

600 to 10,000

 

4.

Section 203

600 to 10,000

 

5.

Subsection 205(1)

1,250 to 25,000

 

6.

Subsection 205(2)

1,250 to 25,000

 

7.

Subsection 205(3)

1,250 to 25,000

 

8.

Subsection 205(4)

1,250 to 25,000

 

9.

Subsection 205(5)

1,250 to 25,000

 

10.

Subsection 205(6)

1,250 to 25,000

 

11.

Subsection 205(7)

1,250 to 25,000

 

12.

Subsection 205(8)

1,250 to 25,000

 

13.

Subsection 205(9)

1,250 to 25,000

 

14.

Subsection 206(1)

1,250 to 25,000

 

15.

Paragraph 206(2)(a)

1,250 to 25,000

 

16.

Paragraph 206(2)(b)

600 to 10,000

 

17.

Subsection 207(1)

6,000 to 25,000

 

18.

Subsection 208(1)

1,250 to 25,000

 

19.

Subsection 208(2)

1,250 to 25,000

 

20.

Subsection 209(1)

1,250 to 25,000

 

21.

Subsection 209(2)

1,250 to 25,000

 

22.

Subsection 210(1)

1,250 to 25,000

 

23.

Section 211

6,000 to 25,000

 

24.

Subsection 212(4)

6,000 to 25,000

 

25.

Section 213

1,250 to 25,000

 

26.

Section 214

1,250 to 25,000

 

27.

Subsection 215(1)

600 to 12,000

 

28.

Subsection 219(1)

6,000 to 25,000

 

29.

Subsection 220(1)

6,000 to 25,000

 

30.

Subsection 221(1)

6,000 to 25,000

 

31.

Section 222

6,000 to 25,000

 

32.

Section 223

1,250 to 25,000

 

33.

Subsection 224(1)

1,250 to 25,000

 

34.

Subsection 226(1)

1,250 to 25,000

 

35.

Section 227

1,000 to 5,000

 

36.

Subsection 228(1)

1,250 to 25,000

 

37.

Subsection 228(2)

6,000 to 25,000

 

38.

Paragraph 228(3)(a)

600 to 12,000

 

39.

Paragraph 228(3)(b)

600 to 12,000

 

40.

Subsection 229(1)

1,250 to 25,000

 

41.

Subsection 229(2)

1,250 to 25,000

 

42.

Subsection 230(1)

1,250 to 25,000

 

43.

Subsection 231(1)

1,250 to 25,000

 

44.

Subsection 232(1)

1,250 to 25,000

 

45.

Subsection 232(3)

1,000 to 5,000

 

46.

Subsection 233(1)

1,250 to 25,000

 

47.

Subsection 234(1)

6,000 to 25,000

 

48.

Subsection 234(2)

6,000 to 25,000

 

49.

Section 235

6,000 to 25,000

 

50.

Subsection 236(2)

600 to 10,000

 

51.

Section 237

1,250 to 25,000

 

52.

Subsection 238(3)

1,250 to 25,000

 

53.

Section 239

1,250 to 25,000

 

54.

Subsection 240(1)

1,250 to 25,000

 

55.

Section 241

6,000 to 25,000

 

56.

Subsection 242(2)

600 to 10,000

 

57.

Subsection 242(3)

600 to 10,000

 

58.

Subsection 242(4)

600 to 10,000

 

59.

Subsection 243(1)

1,250 to 25,000

 

60.

Section 244

1,250 to 25,000

 

61.

Section 245

1,250 to 25,000

 

62.

Section 246

600 to 12,000

 

63.

Subsection 247(1)

1,250 to 25,000

 

64.

Section 248

1,250 to 25,000

 

65.

Subsection 249(1)

1,250 to 25,000

 

66.

Section 250

1,250 to 25,000

 

67.

Section 252

1,250 to 25,000

 

68.

Subsection 253(1)

1,250 to 25,000

 

69.

Section 255

1,250 to 25,000

 

70.

Subsection 256(1)

6,000 to 25,000

 

71.

Subsection 256(2)

6,000 to 25,000

 

72.

Subsection 256(3)

1,250 to 25,000

 

73.

Section 257

6,000 to 25,000

 

74.

Subsection 258(1)

1,250 to 25,000

 

75.

Subsection 259(1)

6,000 to 25,000

 

76.

Subsection 259(2)

1,250 to 25,000

 

77.

Subsection 260(1)

6,000 to 25,000

 

78.

Subsection 260(2)

1,250 to 25,000

 

79.

Subsection 260(3)

1,250 to 25,000

 

80.

Subsection 260(4)

600 to 10,000

 

81.

Subsection 260(5)

6,000 to 25,000

 

82.

Section 261

1,250 to 25,000

 

83.

Subsection 262(1)

1,250 to 25,000

 

84.

Subsection 263(1)

1,250 to 25,000

 

85.

Subsection 263(2)

6,000 to 25,000

 

86.

Subsection 263(3)

6,000 to 25,000

 

87.

Subsection 263(4)

6,000 to 25,000

 

88.

Section 264

1,250 to 25,000

 

89.

Section 265

1,250 to 25,000

 

90.

Subsection 266(1)

1,250 to 25,000

 

91.

Subsection 266(2)

1,250 to 25,000

 

92.

Subsection 266(3)

6,000 to 25,000

 

93.

Subsection 267(1)

600 to 12,000

 

94.

Subsection 267(2)

1,250 to 25,000

 

95.

Subsection 269(1)

1,250 to 25,000

 

96.

Subsection 269(3)

1,250 to 25,000

 

97.

Section 274

250 to 1,000

 

98.

Section 302

1,250 to 25,000

 

99.

Subsection 303(1)

600 to 12,000

 

100.

Subsection 304(1)

1,250 to 25,000

 

101.

Subsection 304(2)

6,000 to 25,000

 

102.

Subsection 306(1)

1,250 to 25,000

 

103.

Subsection 306(2)

1,250 to 25,000

 

104.

Section 307

1,250 to 25,000

 

105.

Section 309

600 to 12,000

 

106.

Section 310

1,000 to 5,000

 

107.

Subsection 312(1)

600 to 12,000

 

108.

Subsection 315(1)

600 to 12,000

 

109.

Subsection 315(2)

600 to 12,000

 

110.

Section 316

600 to 12,000

 

111.

Subsection 317(1)

3,000 to 12,000

 

112.

Subsection 317(2)

3,000 to 12,000

 

113.

Subsection 317(3)

3,000 to 12,000

 

114.

Subsection 318(1)

3,000 to 12,000

 

115.

Paragraph 320(a)

1,250 to 25,000

 

116.

Paragraph 320(b)

1,250 to 25,000

 

117.

Subsection 321(1)

1,250 to 25,000

 

118.

Subsection 321(2)

1,250 to 25,000

 

119.

Section 323

600 to 10,000

 

120.

Section 324

600 to 10,000

 

121.

Subsection 325(3)

3,000 to 12,000

 

122.

Section 326

600 to 12,000

 

123.

Subsection 327(1)

3,000 to 12,000

 

124.

Subsection 327(2)

3,000 to 12,000

 

125.

Subsection 328(1)

3,000 to 12,000

 

126.

Subsection 328(2)

3,000 to 12,000

 

127.

Subsection 329(1)

600 to 12,000

 

128.

Subsection 329(2)

600 to 12,000

 

129.

Paragraph 330(a)

1,000 to 5,000

 

130.

Paragraph 330(b)

3,000 to 12,000

 

131.

Paragraph 330(c)

3,000 to 12,000

 

132.

Subsection 331(1)

6,000 to 25,000

 

133.

Subsection 331(2)

600 to 12,000

 

134.

Subsection 332(1)

600 to 12,000

 

135.

Subsection 333(1)

6,000 to 25,000

 

136.

Subsection 333(2)

6,000 to 25,000

 

137.

Subsection 336(1)

1,250 to 25,000

 

138.

Subsection 336(2)

1,250 to 25,000

 

139.

Subsection 336(3)

600 to 12,000

 

140.

Section 337

6,000 to 25,000

 

141.

Subsection 338(1)

1,250 to 10,000

 

142.

Subsection 338(2)

600 to 10,000

 

143.

Subsection 338(3)

600 to 10,000

 

144.

Subsection 339(1)

1,250 to 10,000

 

145.

Subsection 339(4)

1,250 to 10,000

 

146.

Subsection 339(5)

600 to 10,000

 

147.

Subsection 340(3)

600 to 10,000

 

148.

Subsection 340(4)

600 to 10,000

 

149.

Subsection 340(5)

1,000 to 5,000

 

150.

Subsection 340(6)

1,000 to 5,000

 

PART 6

VIOLATIONS OF THE SPECIAL-PURPOSE VESSEL REGULATIONS

Item

Column 1

Provision of the Special-purpose Vessel Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day

1.

Subsection 3(1)

600 to 12,000

 

2.

Subsection 3(2)

600 to 12,000

 

3.

Subsection 10(3)

600 to 12,000

 

4.

Subsection 13(1)

600 to 12,000

 

5.

Subsection 13(2)

600 to 12,000

 

6.

Subsection 13(3)

600 to 12,000

 

7.

Section 18

250 to 5,000

 

PART 7

VIOLATIONS OF THE VESSEL CERTIFICATES REGULATIONS

Item

Column 1

Provision of the Vessel Certificates Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day

1.

Subsection 3(2)

1,250 to 25,000

 

2.

Subsection 4(2)

1,250 to 25,000

 

3.

Subsection 5(2)

1,250 to 25,000

 

4.

Subsection 7(2)

250 to 5,000

 

5.

Paragraph 8(1)(a)

1,250 to 25,000

 

6.

Paragraph 8(1)(b)

1,250 to 25,000

 

7.

Subsection 8(2)

1,250 to 25,000

 

8.

Subsection 8(3)

1,250 to 25,000

 

9.

Subsection 10(1)

6,000 to 25,000

 

PART 8

VIOLATIONS OF THE VESSEL REGISTRATION AND TONNAGE REGULATIONS

Item

Column 1

Provision of the Vessel Registration and Tonnage Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day

1.

Section 7

3,000 to 12,000

 

2.

Section 9

1,250 to 25,000

 

COMING INTO FORCE

7. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Items 100 to 104 and 135 to 143 of Part 5 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations, as enacted by section 6, come into force on the day on which the Maritime Labour Convention, 2006 comes into force in Canada, but if these Regulations are registered after that day, those items come into force on the day on which these Regulations are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Upon entry into force on July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the former Canada Shipping Act with a streamlined and modern framework for the regulation of marine transportation in Canada.

The Administrative Monetary Penalties Regulations (the Regulations), made pursuant to the CSA 2001, previously applied only to certain statutory offences for failure to comply with designated provisions of the Act. These Regulations set out administrative monetary penalties (AMPs) for the contravention of designated provisions of the Act and identify those provisions for which a separate penalty may be imposed for each day that a violation continues.

When the Regulations originally came into force on April 3, 2008, the Regulatory Impact Analysis Statement indicated that the Regulations would be amended “to result in a comprehensive list of all the relevant provisions (as that term is defined in section 210 of the CSA 2001) with an individual penalty range for failure to comply with each.”

These amendments to the Regulations designate the contravention of provisions with respect to seven regulations made under the CSA 2001.

In addition, these amendments to the Regulations introduce provisions for how three new notices may be given. These notices will apply to the refusal to issue, the suspension of, the cancellation of, and the refusal to renew Canadian maritime documents (CMDs), as defined in section 2 of the CSA 2001. At present, there is no alternative in the Regulations to how these notices are given. Greater flexibility is required in order to provide timely and effective notifications to responsible parties.

These amendments to the Regulations will further the “effective inspection and enforcement program” objectives of the CSA 2001 by giving greater scope to a principal enforcement tool under the Act, namely “Administrative Penalties” (CSA 2001, Part 11, sections 228 to 243). As well, these amendments create greater flexibility and efficiency in enforcement by giving alternatives to how notices relating to CMDs are given.

Description and rationale

Addition of “regulatory” AMPs

On April 3, 2008, the new Administrative Monetary Penalties Regulations designated several provisions of the CSA 2001 for the Administrative Penalties sections (i.e. sections 228 to 243) of the Act. These amendments relabel the table of these provisions as “Part 1” of the Schedule to the Regulations and do not add any new provisions or change any penalty amounts in the table.

These amendments contain an expanded schedule designating certain provisions of seven Regulations for the purpose of AMPs, as follows:

Schedule Part

Designated Regulations

Scope of Typical Provisions Designated for Administrative Monetary Penalties

Range of Penalties ($)

Part 2

Cargo, Fumigation and Tackle Regulations

Provisions related to the loading, unloading and carriage of cargo for marine transportation, as it relates to the safety of vessels and persons on board; safe fumigation practices on Canadian vessels and on foreign vessels in Canadian waters headed to and from Canadian ports; safe methods for using cargo gear used in material handling, shore-based power-operated ramps; and accommodation ladders used to access vessels.

250 to 25,000

Part 3

Collision Regulations

Provisions related to the general conduct specific to the navigational, steering and sailing rules, navigational lights and shapes to be displayed, and the sound and light signals to be used by every Canadian vessel, as well as pleasure craft and foreign vessels in Canadian waters, in order to avoid a collision situation. Also, provisions related to the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG Convention), with additional requirements specific to the Canadian context.

250 to 25,000

Part 4

Load Line Regulations

Provisions applicable to circle and diamond load lines, including prohibitions; Authorized Representative’s duties; posting of certificates; and draught and freeboard notices.

250 to 25,000

Part 5

Marine Personnel Regulations

Requirements for qualifications, training and certification of crew members; requirements for the appropriate marine personnel on board vessels for safe and efficient operation; types of training certificates to hold or to obtain, and any requirements for the minimum complement that are applicable to Canadian vessels and to foreign vessels in Canadian waters; and labour working conditions and requirements on board vessels.

250 to 25,000

Part 6

Special-purpose Vessels Regulations

Requirements of vessels and equipment; requirements of guides; wearing of flotation and safety equipment; and keeping of records.

250 to 12,000

Part 7

Vessel Certificates Regulations

Provisions concerning inspections; possession and endorsement of required certificates; issuance and carriage of required documents; and crewing in accordance with required documents.

250 to 25,000

Part 8

Vessel Registration and Tonnage Regulations

Provisions concerning the requirement for an International Tonnage Certificate and calculation of tonnage for the Certificate of Registry.

1,250 to 25,000

The process by which AMPs will be set is unchanged. Within each part, each of the designated provisions of the applicable regulation has been assigned a penalty range. Penalty ranges, rather than fixed amounts, will continue to be used to ensure that the amount imposed is appropriate to the circumstances of each case and that full consideration can be given to any mitigating or aggravating factors, such as the compliance record of the offender and any consequences of the violation.

The penalty ranges were developed first by assessing the seriousness of each violation as low, medium or high, based on the subject matter of the designated provision and the possible consequences of non-compliance with it. Then, within each low, medium and high category, the minimum amount for a first violation, the average amount for a second violation and the maximum amount for a third or subsequent violation were set.

This is done for individuals, vessels and corporations. The penalty ranges set the minimum amount that an individual will pay for a first violation and the maximum amount that a vessel or corporation will pay for a third or subsequent violation. As a matter of general policy, vessels and corporations are subject to higher penalties than are individuals.

Should there be a contravention, the penalty amount will be determined by the Minister of Transport within the penalty range, based on the Department’s policies and guidelines. The maximum penalty permitted by the CSA 2001 is $25,000 per violation. If the amount is not paid, it becomes a debt due to Her Majesty.

Giving notices for CMDs

There is a complex definition of CMDs in section 2 of the CSA 2001, but essentially there are two main types of CMDs — those issued regarding vessels and equipment, commonly referred to as “vessel certificates,” and those issued to mariners concerning their professional qualifications, referred to as “certificates of competency” under the Marine Personnel Regulations.

Sections 16, 16.1 and 20 to 20.5 of the CSA 2001 deal with the refusal to issue CMDs, the suspension or cancellation of CMDs, and the refusal to renew CMDs. These actions require that specific written notices be given to the affected parties. Paragraph 35(1)(f) of the CSA 2001 provides the authority to make regulations respecting the form and manner of giving these notices, or in other words, how these documents may be given to someone.

Section 3 of the existing Regulations provides alternatives to the personal service for the AMPs notices — the notice of violation, the notice of compliance and the notice of default, in order to provide timely and effective notifications to responsible parties in the event that an individual cannot be conveniently found. The provisions for these existing notices are retained.

A new section contains similar provisions for giving notices relating to CMDs — the notice of refusal to issue, the notice of proposed suspension or cancellation, and the notice of suspension, cancellation or refusal to renew.

Benefits and costs

The amendments will benefit the Canadian public by enforcing requirements using administrative processes and proceedings rather than judicial ones. Judicial proceedings often result in considerable cost to the federal government and to the person or vessel involved.

Regarding costs to the regulated marine community, only those individuals, corporations, and vessels subject to an AMP will be affected. The individual, corporation, or vessel may choose to pay the penalty imposed. Alternatively, they have the right to apply to the Transportation Appeal Tribunal of Canada (TATC) to have the AMP reviewed.

The TATC is less formal than a criminal court. The individual, corporation, or vessel may present a case without needing a lawyer. The TATC can hear and decide a case more quickly than a criminal court. Costs to the individual, corporation, or vessel for TATC proceedings would not be more than those in court and in most cases, would be considerably less. As of April 2011, 21 marine cases have been dealt with by the TATC. Costs to the federal government average $3,000 to $6,000 per case, depending on whether the case includes only a review, or both a review and an appeal.

As of January 2011, corporate and non-corporate offenders paid $206,175 in relation to 61 AMPs associated with violations of existing provisions. While there have been more notices of violations issued by regional marine safety inspectors since that time, not all cases have been finalized and outcomes reported.

Consultation

The federal government has widely consulted marine industry stakeholders and federal and provincial agencies involved in marine safety on the AMP system and on the policies and regulations that have brought it into effect.

Consultations on this subject date back to the late 1990s, when the CSA 2001 and its compliance and enforcement provisions were originally developed and subsequently debated in Parliament. Consultations on the previous Regulations began in the fall of 2003 and continued until their entry into force on April 3, 2008. These consultations were conducted by Transport Canada Marine Safety (TCMS) under the umbrella of the Canadian Marine Advisory Council (CMAC), which is Transport Canada’s national consultative body for marine matters. Participants include representatives of individuals and parties that have a recognized interest in boating and shipping concerning safety, recreational matters, navigation, marine pollution and response and marine security. All major marine industry stakeholders are represented at CMAC and stakeholders were consulted at both regional and national CMAC meetings. Feedback was sought through discussion and information papers developed and distributed by TCMS.

Consultations on these amendments were an extension of the earlier consultations. Discussion papers containing the proposed designated provisions of the seven regulations, as well as the proposed penalty ranges, were presented at the November 2009 and April 2010 national CMAC meetings. No comments were received from stakeholders during the development of the amendments.

Prepublication

The proposed Regulations were prepublished in the Canada Gazette, Part Ⅰ, on December 17, 2011, followed by a 30-day public comment period. No comments were received.

Implementation, enforcement and service standards

These amendments will not create requirements or offences themselves; rather, they create a new system for enforcing the legislation. Therefore, no specific compliance and enforcement strategy is necessary.

The imposition of an AMP will continue to be only one of the enforcement tools that will be used by TCMS to deal with contraventions of the CSA 2001 and its regulations. Other tools include warnings (oral and written), assurances of compliance, the use of tickets under the Contraventions Act, prosecution in criminal court, suspending or cancelling CMDs, and vessel detention. Deciding which tool is to be used in any particular instance will depend upon the

  • (a) seriousness of the contravention;

  • (b) circumstances when it was committed (e.g. whether it was committed wilfully or deliberately);

  • (c) seriousness of any consequences;

  • (d) compliance record of the offender; and

  • (e) willingness of the offender to take measures to ensure compliance in the future.

In all cases, the enforcement response by TCMS will be tailored to achieve both compliance and deterrence. AMPs will generally be imposed only where less drastic tools cannot achieve that objective.

Contact

Frank Ritchie
Policy Advisor
Regulatory Services and Quality Assurance (AMSX)
Marine Safety
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-4643
Fax: 613-991-5670
Email: frank.ritchie@tc.gc.ca

Footnote a
S.C. 2005, c. 29, s. 16(1)

Footnote b
S.C. 2001, c. 26

Footnote 1
SOR/2008-97